Judicial Restraint on Commission Actions
- No court except the Supreme Court can issue restraining orders or preliminary injunctions concerning the Commission's official acts.
- Similarly restricts judicial intervention on the Monetary Board's actions under the Act.
Composition, Qualifications, and Salary
- The Commission consists of a Chairman and four members appointed by the President.
- Members must be Filipino citizens, at least 35 years old.
- Required to have integrity, honesty, probity, and professional competence.
- Salary equivalent to that of the Constitutional Commissions' chairmen and members.
Tenure and Turnover of Records
- The Commission has one year from the law’s effectivity to complete its objectives.
- Becomes functus officio two months after the one-year period lapses.
- Must turn over all records, assets, and properties to the Department of Justice thereafter.
Conduct and Procedures of Investigation
- The Commission shall adopt rules for investigation, proceedings, hearings, and evidence presentation.
- The Rules of Evidence under the Revised Rules of Court have suppletory application.
Public and Executive Hearings
- Hearings are held publicly unless national security, public safety, or witness safety justify a closed session.
- The Commission prescribes rules governing executive or closed-door hearings.
- Witnesses have the right to counsel at any stage of proceedings.
Rights Against Self-Incrimination and Witness Protection
- Persons subpoenaed to testify or produce evidence cannot refuse on self-incrimination grounds.
- Testimony or evidence given after invoking self-incrimination may not be used against them except for perjury.
- The Commission shall provide security arrangements for witnesses with assistance from government agencies.
Granting Immunity from Criminal Prosecution
- The Commission may grant immunity to persons providing vital testimony or information.
- Immunity protects witnesses when they repeat testimony before courts upon requirement.
- Immunity ceases if a witness refuses to repeat testimony in court.
Contempt Powers and Sanctions
- The Commission may impose penalties for direct or indirect contempt.
- Direct contempt includes misconduct in the Commission's presence, disrespect, offensive behavior, refusal to testify or take oaths.
- Penalties include fines up to P5,000, imprisonment up to 30 days, or both.
- Decisions on direct contempt are final and unappealable.
- Indirect contempt is handled pursuant to Rule 71 of the Revised Rules of Court.
Commission Personnel and Organizational Structure
- The Chairman may employ personnel including legal counsel and fix duties and compensation.
- Can organize staffing and authorize payment of honoraria/allowances.
- Personnel are exempt from Civil Service Law.
Rulemaking and Publication of Rules and Reports
- The Commission may promulgate rules and regulations, enter contracts, and perform acts necessary to achieve its purposes.
- Rules must be published in at least two national newspapers and take effect two days post-publication.
- The final investigative report shall be published and submitted to the President and Congress.
Coordination with Other Government Agencies
- The Commission may call upon investigative and prosecutorial agencies like the NBI and Philippine Constabulary/Integrated National Police to assist.
Appropriations and Funding
- Allocates Ten Million Pesos (P10,000,000) to the Commission from the Contingent Fund.
- Funds are automatically released and disbursed subject to auditing rules.
Transfer of Records and Facilities from Previous Commission
- Transfers records, equipment, property, and rights from the Presidential Commission under Administrative Order No. 146, Series of 1989.
- Absorbs employees of the previous Commission as administratively feasible.
Supremacy of the Act's Provisions
- This Act's provisions prevail over conflicting laws, orders, rules, or parts of the Revised Rules of Court in relation to its subject matter.
Separability Clause
- If any provision is declared unconstitutional, the rest of the Act remains valid and effective.
Effectivity
- The Act takes effect two days after publication in two national newspapers of general circulation.